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Dismissal motion denied in sexual misconduct case against school system

By Jamon SmithStaff Writer

Published: Monday, February 18, 2013 at 5:17 p.m.

Last Modified: Monday, February 18, 2013 at 5:17 p.m.

TUSCALOOSA | A federal judge recently denied the Tuscaloosa County Board of Education's motion to dismiss a civil lawsuit alleging sexual misconduct between a former Tuscaloosa County High School assistant principal and a former county high female student.

The lawsuit, filed Jan. 7, 2012, by the student's attorney, Paul Patterson, accuses William "Butch" Young, a former Hillcrest High and Tuscaloosa County High assistant principal, of sexual misconduct with the student.

The lawsuit also alleges that the Tuscaloosa County Board of Education, Steve Benson, Tuscaloosa County Schools senior director of human resources, and Reba Caldwell, former Tuscaloosa County High School principal, knew about the alleged misconduct, but failed to report it to law enforcement.

"The County Schools had filed an order to dismiss immediately after the suit was filed," Patterson said. "The law in Alabama says you cannot sue a school board. That means the individuals sitting on the board cannot be held liable, however, the board and the school system itself can be held liable and the board can be held responsible for the actions of their employees, including teachers, custodians ... all the way down."

Patterson, an attorney with Patterson Comer Law Firm in Tuscaloosa, said depositions in the lawsuit will begin in about three or four weeks. He said the case should go to trial in about 10 months.

<p>TUSCALOOSA | A federal judge recently denied the Tuscaloosa County Board of Education's motion to dismiss a civil lawsuit alleging sexual misconduct between a former Tuscaloosa County High School assistant principal and a former county high female student.</p><p>The lawsuit, filed Jan. 7, 2012, by the student's attorney, Paul Patterson, accuses William "Butch" Young, a former Hillcrest High and Tuscaloosa County High assistant principal, of sexual misconduct with the student.</p><p>The lawsuit also alleges that the Tuscaloosa County Board of Education, Steve Benson, Tuscaloosa County Schools senior director of human resources, and Reba Caldwell, former Tuscaloosa County High School principal, knew about the alleged misconduct, but failed to report it to law enforcement.</p><p>"The County Schools had filed an order to dismiss immediately after the suit was filed," Patterson said. "The law in Alabama says you cannot sue a school board. That means the individuals sitting on the board cannot be held liable, however, the board and the school system itself can be held liable and the board can be held responsible for the actions of their employees, including teachers, custodians ... all the way down."</p><p>Patterson, an attorney with Patterson Comer Law Firm in Tuscaloosa, said depositions in the lawsuit will begin in about three or four weeks. He said the case should go to trial in about 10 months.</p>